Karnataka High Court
Smt. Vasanthi vs The State on 23 February, 2024
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NC: 2024:KHC:7647
CRL.RP No. 189 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE S RACHAIAH
CRIMINAL REVISION PETITION NO. 189 OF 2023
BETWEEN:
1. SMT. VASANTHI
W/O LATE JANARDHANA
AGED ABOUT 60 YEARS
2. PURUSHOTHAMA
S/O LATE JANARDHANA
AGED ABOUT 29 YEARS
BOTH ARE RESIDING NEAR BRAHMALINGESHWARA
TEMPLE, UDYAVARA VILLAGE, UDUPI TALUK
UDUPI DISTRICT - 574 118.
...PETITIONERS
(BY SRI. HALEEMA AMEEN, ADVOCATE)
AND:
THE STATE
BY SHO OF KAUP (UDUPI) POLICE STATION
REPRESENTED BY PUBLIC PROSECUTOR
Digitally signed AMBEDKAR VEEDHI, BANGALORE - 560 001.
by SUDHA S
Location:
HIGH COURT ...RESPONDENT
OF
KARNATAKA (BY SRI. RAHUL RAI K, HCGP)
THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING
TO SET ASIDE THE JUDGMENT AND ORDER OF CONVICTION
DATED 24.02.2021 IN C.C.NO.2626/2010 PASSED BY THE II
ADDITIONAL CIVIL JUDGE AND JMFC UDUPI AND THE ORDER
DATED 04.01.2023 IN CRL.A.NO.06/2021 PASSED BY THE II
ADDITIONAL DISTRICT AND SESSIONS COURT UDUPI
DISTRICT AND ETC.,
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
THE COURT MADE THE FOLLOWING:
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NC: 2024:KHC:7647
CRL.RP No. 189 of 2023
ORDER
1. This Criminal Revision Petition is filed by the petitioners,
being aggrieved by the judgment of conviction and order
of sentence dated 24.02.2021 in C.C.No.2626/2010 on
the file of II Additional Civil Judge and JMFC, Udupi and
its confirmation judgment and order dated 04.01.2023 in
Crl.A.No.6/2021 on the file of the Court of II Additional
District and Sessions Judge, Udupi, wherein the
petitioners / accused No.2 and 3 have been convicted for
the offences punishable under Sections 341, 326, 504 r/w
34 of Indian Penal Code (for short 'IPC').
2. Today, the matter is listed for admission. The
complainant cum injured and the petitioners have filed
application 320 of the Code of Criminal Procedure (for
short 'Cr.P.C') along with affidavits seeking to dispose of
the Criminal Revision Petition in terms of settlement. The
same are taken on record.
3. The petitioners and the complainant are present and are
identified by their respective counsels. The application for
settlement is duly signed by the petitioners, the
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complainant and their respective counsels. Paragraph
Nos.3 to 8 of the affidavit of petitioner No.1 read thus:
"3. That on 13.05.2010 at about 10 O' Clock in
the night when our neighbour Ramesh Shetty
was going home in an autorikshaw of his
neighbour, my son Purushothama, my
deceased husband Janardhana and myself
were in our shop- Ganesha Stores, there was a
quarrel and scuffle between the two parties.
Both the parties had lodged complaint in
respect of the incident at Kapu Police Station,
the complaint of Ramesh Shetty was
registered at Crime No. 117/2010 for offence
punishable u/s 341, 326, 504, r/w 34 of IPC
and same was numbered at CC No.2626/2010,
on the file of II Additional Civil Judge & JMFC
Udupi.
4. That, the complaint filed by Purushothama-
petitioner No.2 herein was registered at Crime
No. 118/2010 for offences punishable u/s 448.
324, 504 r/w 34 of IPC. The same was
numbered at CC No. 2609/2010, on the file of
II Additional Civil Judge & JMFC Udupi.
5. That, after the charge sheet was laid,
charges were framed against us in both the
cases, both the case went for trial. After
hearing, the case filed by Petitioner No.2
herein in CC 2609/2010 ended up in acquittal
of the accused. Appeal preferred against the
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said judgement and order of acquittal in
Criminal Appeal 644/2023 was dismissed as
not maintainable.
6. That the case in CC No. 2626/2010 ended
up in conviction for offences punishable u/s
341, 326 & 504 of IPC. Appeal preferred
against thesaid judgement and order of
conviction at Criminal Appeal 6/2021 was
dismissed.
7. That, on such dismissal, we petitioners have
preferred Revision of the said judgment and
order before this Hon'ble Court.
8. That, now, we, both the parties in these two
cases have compromised and settled the
dispute between us, as we are all neighbours."
4. In view of the judgment of the Hon'ble Supreme Court in
the case of NARINDER SINGH & OTHERS V. STATE OF
PUNJAB & ANOTHER1, there is no embargo to this Court
to record the compromise in non cognizable offences.
5. Considering the dictum of the Hon'ble Supreme Court and
also the averments made in the said affidavit, it is
appropriate to record the settlement as prayed for.
6. Accordingly, I proceed to pass the following:
2014(6) SCC 466
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ORDER
(i) The Criminal Revision Petition stands disposed of
in terms of the compromise.
(ii) The judgment of conviction and order of
sentence dated 24.02.2021 passed in
C.C.No.2626/2010 by the II Additional Civil
Judge and JMFC, Udupi and the judgment and
order dated 04.01.2023 passed in
Crl.A.No.6/2021 by the II Additional District and
Sessions Judge, Udupi, are set aside.
(iii) The petitioners / accused Nos.2 and 3 are
acquitted for the offences punishable under
Sections 341, 326, 504 r/w 34 of IPC.
(iv) Bail bond executed, if any, stands cancelled.
Sd/-
JUDGE
UN
